Date of Modification: May 27, 2021
Welcome to powerchoicenow.com website (the “Site"), operated by Teleperformance Colombia, S.A.S ("Teleperformance", "Us", "We"). The Site advertises and connects you with certain service providers or sellers based on your interaction with the Site (the “Services”).
Jurisdiction and Governing Law
We make no representations that the information and materials contained in the Site are appropriate for locations outside the United States. By entering the Site, you acknowledge and agree that they are intended for use only by citizens and residents of the United States of America residing within the United States of America aged 18 years or older and will only be governed according to the laws of the State of Utah without regard to conflicts of laws principles. If you are not a member of the intended audience, you are prohibited from accessing the Site.
All information we provide to you through the Site is referred to herein as “Content.” Although we and all parties involved in creating, producing, or delivering Content make reasonable efforts to ensure that it is correct and up-to-date, we cannot guarantee 100% accuracy.
All images, text, sound, photos, custom graphics, button icons, the collection and compilation and assembly thereof, and the overall “look and feel” and distinctiveness of the Site constitute trade dress and are either our property or used on this Site with permission. The absence on the Site of our name or logo does not constitute a waiver of our trademark or other intellectual property rights relating to such name or logo. All other product names, company names, marks, logos, and symbols appearing on the Site may be the trademarks and the property of their respective owners.
You acknowledge and agree that information and Services available on the Site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws and are owned or licensed by us. Except as expressly authorized by us, either in these Terms or elsewhere, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from the Site, Content, or Services. Without waiving any of the foregoing rights, you may print or download information from the Sites for your own personal, non-commercial home use, provided that you keep intact all copyright and other proprietary notices. Systematic retrieval of information from the Sites to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission is prohibited.
You may not or attempt to (a) decipher, decompile, disassemble, or reverse-engineer any of the software used to provide the Site and/or Service; (b) circumvent, disable, or otherwise interfere with security-related features of the Site and/or Service or features that prevent or restrict use or copying of any content; (c) use any robot, spider, site search or retrieval service, or any other manual or automatic device or process to retrieve, index, data-mine, or in any way reproduce or circumvent the navigational structure or presentation of the Site and/or Service; or (d) harvest, collect or mine information about users of the Site and/or Service.
Disclaimers & Disclaimer of Warranty
YOU USE THE SITE AND SERVICES AT YOUR OWN RISK. THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR AFFILIATES, DISTRIBUTORS, SERVICE PROVIDERS, VENDORS, AND LICENSEES, AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, MANAGERS, DIRECTORS, SHAREHOLDERS, MEMBERS, PARENTS, SUBSIDIARIES, CORPORATE AFFILIATES, AGENTS, AND LICENSORS (REFERRED TO COLLECTIVELY AS “AFFILIATES”) DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITES, CONTENT, AND SERVICES (INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, AND NON-INFRINGEMENT).
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations and disclaimers contained in these Terms may not apply to you. To the extent we may not, as a matter of applicable law, disclaim any implied warranty or limit our liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such law.
If you choose to rely on information from the Site or Service, you do so solely at your own risk. Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you.
Limitation of Liability
IN NO EVENT SHALL TELEPERFORMANCE OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, AND/OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, CONTENT AND/OR SERVICE (INCLUDING ADVERTISEMENTS), INCLUDING BUT NOT LIMITED TO THE QUALITY, ACCURACY, OR UTILITY OF THE INFORMATION PROVIDED AS PART OF OR THROUGH THE SITE AND/OR SERVICE, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT TELEPERFORMANCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL TELEPERFORMANCE’S CUMULATIVE LIABILITY TO YOU EXCEED AMOUNTS PAID TO TELEPERFORMANCE, IF ANY, FOR USE OF THE SITE AND/OR SERVICE, DURING THE 3 (THREE) MONTH PERIOD PRIOR TO BRINGING THE CLAIM.
In addition to the foregoing, Teleperformance assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, or unauthorized access to, or alteration of, any content. Teleperformance is not responsible for any problems or technical malfunction of any telephone or cellular phone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or traffic congestion on the Internet or on the Site, including any injury or damage to users or to any person’s mobile device or computer related to or resulting from participation or downloading materials in connection with the Site and/or Service. UNDER NO CIRCUMSTANCES SHALL TELEPERFORMANCE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE SITE AND/OR SERVICE OR FROM ANY CONTENT POSTED ON OR THROUGH THE SITE.
You agree to indemnify, defend, and hold harmless Teleperformance and its respective employees, directors, officers, subcontractors, and agents of each, against any and all claims, damages, or costs or expenses (including court costs and attorneys’ fees) that arise directly or indirectly from: (a) an actual or alleged breach of these Terms by you; (b) any claim, loss or damage experienced from your use or attempted use of (or inability to use) the Site and/or Service, including any transactions that you conduct or attempt to conduct; (c) your violation of any law or regulation; (d) your actual or alleged infringement of any right of any third party; and (e) any other matter for which you are responsible hereunder or under law. You agree that your use of the Site and/or Service, including, without limitation, provision of service in connection with the Site shall be in compliance with all applicable laws, regulations, and guidelines.
Any controversy, claim or dispute arising out of or related to these Terms, the Site, and/or the Services, including, but not limited to, alleged violations of state or federal statutory or common law rights or duties (a “Dispute”) shall be solely and exclusively resolved according to the procedures set forth in this paragraph. If the parties are unable to resolve any Dispute through informal means, either party may initiate binding arbitration of such Dispute by sending notice demanding arbitration to the other party. The demand for arbitration shall be made within a reasonable time after the Dispute has arisen, but in no event shall it be made more than one year from when the aggrieved party knew or should have known of the controversy, claim, or facts forming the basis of the Dispute. The arbitration shall be initiated and conducted according to American Arbitration Association rules and procedures for commercial arbitration, including provisions for the resolution of consumer disputes (the “Arbitration Rules”). The arbitration shall be conducted in Salt Lake in the state of Utah before a single neutral arbitrator appointed in accordance with the Arbitration Rules. Either party may bring a Dispute in small claims court in Salt Lake in the state of Utah to the extent permitted by the Arbitration Rules. If the amount in controversy is less than $10,000, the parties agree that the Dispute will be decided on the basis of written submissions without a hearing. The decision of the arbitrator will be final without option to appeal. To the fullest extent permitted by law, the arbitrator shall not have the power to award punitive, special, consequential, or indirect damages against any party. Arbitration costs and fees shall be divided equally between the parties except in the event of a consumer arbitration in which case arbitration costs and fees will be allocated in accordance with the Arbitration Rules. Each party shall be responsible for paying its own attorneys’ fees, costs, and expenses, regardless of which party prevails, but a party may recover any or all expenses from another party if the arbitrator, applying applicable law, so determines. No disputes may be arbitrated on a class or representative basis and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. BY AGREEING TO THESE TERMS, EACH PARTY IRREVOCABLY WAIVES ANY RIGHT IT MAY HAVE TO JOIN CLAIMS OR DISPUTES WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION, CLASS ARBITRATION, OR SIMILAR PROCEDURAL DEVICE; AND WAIVES ANY RIGHT IT MAY HAVE TO PRESENT ITS CLAIM OR DISPUTE IN A COURT OF LAW. Judgment on the award rendered by the arbitrator(s), if any, may be entered for enforcement purposes in any court having jurisdiction thereof.
SMS Terms and Conditions
If you opt into Teleperformance’s text message program (“Program”) by consenting to receive text messages, you further agree to the terms and conditions outlined in this section.
By enrolling in the Program, you consent for powerchoicenow.com, Teleperformance, and Rushmore Energy (collectively “SMS Parties” or “Parties”) to use an automated system to send recurring marketing and other text messages to the telephone number(s) you provided at enrollment. You acknowledge that your consent to receive these messages is not required to purchase any goods or services and that cancellation of any account you might hold does not automatically revoke your consent.
Program Description and Cost
As part of the Program, the SMS Parties will send you text messages with relevant offers and/or other information you may be interested in. The Parties do not charge any fee to participate in the Program. Message and data rates may apply as provided in your mobile telephone service plan (please contact your mobile carrier for details).
The SMS Parties anticipate a typical Program participant will receive approximately 5 messages per calendar month per service line; however, the number of text messages you receive may vary. The actual frequency may exceed or fall below the anticipated amount. You consent to receive recurring messages until you revoke such consent.
Supported carriers include: AT&T, Verizon Wireless, Sprint, T-Mobile USA, Aio Wireless, Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Boost Mobile, Carolina West Wireless, CellCom, Cellular One of East Central IL (ECIT), Cellular One of Northeast Arizona, Cellular One of Northeast Pennsylvania, Chariton Valley Cellular, Cricket, Coral Wireless (Mobi PCS), Cross, C-Spire (CellSouth), Duet IP (Maximum Communications New Core Wireless), Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Google Voice, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Metro PCS, Mosaic (Consolidated or CTC Telecom), MTA Communications, MTPCS (Cellular One Nation), Nex-Tech Wireless, Panhandle Communications, Peoples Wireless, Pine Cellular, Pioneer, RINA, Sagebrush Cellular (Nemont), SI Wireless/Mobile Nation, Simmetry (TMP Corporation), SouthernLinc, SRT Wireless, Thumb Cellular, Union Wireless, United Wireless, U.S. Cellular, Viaero Wireless, Virgin Mobile, and West Central (WCC or 5 Star Wireless).
Supported carriers are not responsible for the Program and may not be held liable for any problem or claim arising in connection with it.
You may opt-out of the Program by texting STOP to 1-833-308-0887 . You consent to receive one message confirming your opt-out. If you participate in any other text message programs provided by the SMS Parties, you must opt-out of those programs separately.
You may obtain assistance with the Program by texting HELP to 1-833-308-0887 or by emailing Teleperformance at email@example.com.
Your Mobile Number & Indemnification
You represent that you are the account holder for the mobile telephone number you provided and that you are a United States resident 18 years of age or older. If your phone number changes, you must notify Teleperformance immediately at firstname.lastname@example.org. You agree to indemnify Teleperformance for all claims, expenses and damages related to or caused in whole or in part by your failure to notify Teleperformance immediately of a change in your telephone number.
In the event that any provision of these Terms is held to be unenforceable, such provision shall be replaced with an enforceable provision which most closely achieves the effect of the original provision, and the remaining terms of these Terms shall remain in full force and effect. Nothing in these Terms creates any agency, employment, joint venture, or partnership relationship between you and Teleperformance or authorizes you to act on behalf of Teleperformance. Except as may be expressly stated in these Terms, these Terms constitute the entire agreement between Teleperformance and you pertaining to the subject matter hereof, and any and all other agreements existing between us relating thereto are hereby canceled. We may assign our rights and obligations hereunder to any third party without prior notice. You shall not assign any of your rights or obligations hereunder, and any assignment in violation of the foregoing shall be void. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
If you have any questions, complaints, or claims, please contact us at:
Teleperformance Colombia, S.A.S.
5295 S Commerce Drive, Suite 600
Murray Utah, TP USA